gaude

Hi All-

I have some months to file the N400, but am getting started with collecting documents. I have a couple of questions for anyone that may be kind enough to answer.

1) It *appears* from the form that I need to disclose things like speeding tickets (and also looking through this form) or any moving violations. The I-485 and I-751 clearly tell you to exclude traffic violations, but the N400 form does not.

2) On my driving record I ordered, I noticed that between 99 and 2000, I received about 8 entries in my record. 2 for expired inspection stickers, 2 for failure to come to a complete halt, 1 for a minor accident (no ticket) and 3 entries for failure to make ticket payments (license suspended once, but reinstated on making a payment). Two of the last entries seem to be for the same ticket. I had just moved ito Boston and my address was screwed up, so I never received notices for payments (not making an excuse, just clarifying why).

Do I need to disclose the minor accident (there was no ticket for that and no police involved, just an insurance claim) and the 3 entries for failure to make payments? Or, do I just disclose the 2 for expired sticker tickets and 2 for failure to come to complete halt? I am not a bad driver (though as I write this, I wonder) and all of them were settled with making a payment (no arrests or conviction or DUIs albeit my insurance premium shot up). Driving record has been spotless for the last 4 years. Will this cause USCIS to take offense and deny naturalization?

Thanks for your help as always

-- Gaude

Rete

Yes there are different criteria for different benefits. The N-400 is concerned with your good standing in the community, your adherence to laws, etc. Your 8 entries in a brief 2 year period have to be disclosed at the time you file your petition for naturalization. While others argue about whether or not traffic violations other than DUI are serious, I can reiterate what the examiner said to my husband. Numerous traffic tickets shows that the person does not take the law seriously and thus shows a decline in moral and good standing in the community. Bring all documentation with you to the interview as well as include copies with your petition and be sure to explain whatever needs explanation.

Rete

ian-mstm

It may not be grounds for denying your application, but I agree with Rita. At my N-400 interview just last month, the officer went through the application page by page and specifically asked questions about my 3 speeding tickets - all fines, no arrests. Your spotless record in the past 4 years will probably overshadow anything before that, but it's in your best interest to disclose all the tickets, etc.

Ian

gaude

Thanks as always Rete. I got curious and called the 800 number to ask them this question earlier today. When she read out the guidelines, she said that for the N-400, you do *not* need to include minor traffic violations (she was reading out of her guideline script). She mentioned the general rule of thumb was that if you were not fingerprinted, you do not need to disclose it. Though, as always this is in stark contrast with the actual application which asks you to disclose *everything*.

I will play it safe and disclose them. It does not sound like it is a big deal (I hope). The adjudicating officer can then make a ruling, for which I will take all my records. For whatever reason, I thought that your driving history got recycled every 7 years, but maybe they archive that information anyhow.

-- Gaude

Ranjini

So the mis-information line strikes again!! As Ian says, the fact that your driving record has been spotless for the past four years and your traffic violations appear to be minor ones, should be to your advantage. It's just that there are so many of them On the face of it, my feeling is that you will be approved. The worst that could happen is that the adjudicating officer will probably be required to make a ruling on whether your infractions actually constitute a lack of moral character. Bottom line, I think you will get your citizenship not withstanding....

sarina

my sister and I have applied, done FP and got interview letter.. did not put my tickets on the app.. i went to a place where they fill out about 50 N400 apps a week.. they said no.. u don't have to disclose.. but lets see what happens.. once i m done i will post experience and let u know if.. how it goess.. hopefully i my next post will be of some good news..
amen

gaude

[QUOTE]Originally posted by Ranjini

Just a thought here. I find it interesting that too many moving violations could be considered (per the officer that Rete worked with) degradation of moral character and proclivity to not obey the law. Yet, Parking violations seem to generally be accepted as benign. At least from what I see on this board, they do not need to be disclosed. Essentially, they are "citations" per the ticket you receive. But, it does seem like you are taking the law as a guideline and not a rule when you park someplace that you are not supposed to park.

Any thoughts on why we selectively disclose some and not the other? Only thing I can think of is that a "moving" violation may cause more damage than a parking violation, but all of this seems subjective interpretation. And of course there is no clear guideline. It also seems to me that one could simply not disclose any traffic violations and simply point the adjudicating officer to USCIS customer service number where they say traffic violations do not need to be disclosed.

Not being combative, but just a couple of thoughts I figured I would post for comment. It feels like forgetting to get inspection sticker renewed is no more of a spite to the law or lack of moral fiber than ignoring a no parking sign or park in front of a fire hydrant (which could cause more damage perhaps than not getting your inspection sticker renewed). Of course I plan on disclosing all my tickets but I just find it sort of interesting.

Cheers
-- Gaude

Rete

Gaude

The old N-400 forms (and the resident immigration attorney Mr. Folinskyinla agreed) had an exclusion of traffic tickets. However, the new N-400 does not and specifically asks for all incidents where you were cited, detained, etc. by a police officer. If you received a traffic ticket, you were indeed cited and stopped by a police officer. Include the ticket on the petition and submit copies of supporting document and bring the original documentation to the interview.

Sarina claims that the Texas based group that assisted her in completing her N-400 said not to include and she quotes the fact that they multiple N-400s daily. That does not mean they are correct. And it certainly does not mean that the examiner interviewing you has not obtained a print out of your DMV report.

Why take the chance on such a minor point. At least that is my take on it. You might be fine not including it and it may never be brought up. But what if you don't report it and it is brought up? What then.

Rete

Ranjini

Our thinking on the matter isn't important here, IMHO. I wasn't taking any chances just in case I got a picky adjudicator...